SENATE BILL 174

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Carlos R. Cisneros

FOR THE LEGISLATIVE FINANCE COMMITTEE

AN ACT

RELATING TO LICENSURE; REPEALING THE ANIMAL SHELTERING BOARD; ASSIGNING THE POWERS AND DUTIES UNDER THE ANIMAL SHELTERING ACT TO THE BOARD OF VETERINARY MEDICINE; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTIONS OF LAWS IN 2009; AMENDING, REPEALING AND RECOMPILING SECTIONS OF THE NMSA 1978; PROVIDING FOR THE TRANSFER OF APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-14-1 NMSA 1978 (being Laws 1967, Chapter 62, Section 1, as amended) is amended to read:

     "61-14-1. SHORT TITLE.--[Chapter 61, Article 14] Sections 61-14-1 through 61-14-20 NMSA 1978 may be cited as the "Veterinary Practice Act"."

     SECTION 2. Section 61-14-4 NMSA 1978 (being Laws 1967, Chapter 62, Section 3, as amended) is amended to read:

     "61-14-4. BOARD CREATED--TERMS--COMPENSATION--FINANCE.--

          A. The "board of veterinary medicine" is created. The board shall consist of [seven] eight members who are citizens of the United States and residents of New Mexico. Veterinary members shall have been licensed to practice veterinary medicine in the state for five years preceding their appointment to the board.

          B. Members of the board and their successors shall be appointed by the governor. Five of the members shall be licensed veterinarians, and these appointments may be made from a list of five names for each professional vacancy, submitted to the governor by the New Mexico veterinary medical association. Two members shall represent the public and shall not have been licensed as veterinarians or have any significant financial interest, whether direct or indirect, in the occupation regulated. One member shall be a euthanasia technician, a euthanasia instructor or a manager or director of a euthanasia agency.

          C. Members shall be appointed to staggered terms of four years each. Appointments shall be made in such manner that the terms of no more than two board members expire on July 1 of each year. All board members shall hold office until their successors are appointed and qualified. Appointments to vacancies shall be for the unexpired terms. Board members shall not serve more than two consecutive four-year terms.

          D. A majority of the members of the board constitutes a quorum for the transaction of business, except that the vote of four members is required for suspension or revocation of a license. The board shall elect a [chairman] chair and other necessary officers prescribed by [regulation] rule of the board.

          E. Members of the board [shall] are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance. This reimbursement and all other expenses involved in carrying out the Veterinary Practice Act shall be paid exclusively from fees received pursuant to provisions of the Veterinary Practice Act. The board shall deposit all fees received pursuant to provisions of the Veterinary Practice Act with the state treasurer for the exclusive use of the board, and money shall be expended only upon vouchers certified by a majority of the board.

          F. Any board member failing to attend, after proper notice, three consecutive meetings, either regular or special, shall automatically be removed as a member of the board."

     SECTION 3. Section 61-14-5 NMSA 1978 (being Laws 1967, Chapter 62, Section 4, as amended) is amended to read:

     "61-14-5. BOARD--DUTIES.--The board shall:

          A. examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in New Mexico and issue, renew, deny, suspend or revoke licenses;

          B. regulate artificial insemination and pregnancy diagnosis by establishing standards of practice and issuing permits to persons found qualified;

          C. establish a schedule of license and permit fees based on the board's financial requirements for the ensuing year;

          D. conduct investigations necessary to determine violations of the Veterinary Practice Act and discipline persons found in violation;

          E. employ personnel necessary to carry out its duties;

          F. promulgate and enforce [regulations] rules necessary to establish recognized standards for the practice of veterinary medicine and to carry out the provisions of the Veterinary Practice Act. The board shall make available to interested members of the public copies of the Veterinary Practice Act and all [regulations] rules promulgated by the board;

          G. examine applicants for veterinary technician certification purposes. Such examination shall be held at least once a year at the times and places designated by the board;

          H. establish a five-member veterinary technician examining committee; 

          I. adopt [regulations] rules establishing continuing education requirements as a condition for license renewal; [and]

          J. regulate the operation of veterinary facilities, including:

                (1) establishing requirements for operation of a veterinary facility in accordance with recognized standards for the practice of veterinary medicine;

                (2) issuing permits to qualified veterinary facilities; and

                (3) adopting standards for inspection of veterinary facilities.

     For purposes of this subsection, "veterinary facility" means [any] a building, mobile unit, vehicle or other location where services included within the practice of veterinary medicine are provided; and

          K. perform its powers and duties under the Animal Sheltering Act."

     SECTION 4. Section 77-1B-1 NMSA 1978 (being Laws 2007, Chapter 60, Section 1, as amended) is recompiled as Section 61-14-21 NMSA 1978 and amended to read:

     "61-14-21. SHORT TITLE.--[Chapter 77, Article 1B] Sections 61-14-21 through 61-14-31 NMSA 1978 may be cited as the "Animal Sheltering Act"."

     SECTION 5. Section 77-1B-2 NMSA 1978 (being Laws 2007, Chapter 60, Section 2, as amended) is recompiled as Section 61-14-22 NMSA 1978 and is amended to read:

     "61-14-22. DEFINITIONS.--As used in the Animal Sheltering Act:

          A. "animal" means any animal, except humans, not defined as "livestock" in Subsection L of this section;

          B. "animal shelter":

                (1) means:

                     (a) a county or municipal facility that provides shelter to animals on a regular basis, including a dog pound; and

                     (b) a private humane society or a private animal shelter that temporarily houses stray, unwanted or injured animals through administrative or contractual arrangements with a local government agency; and

                (2) does not include a municipal zoological park;

          C. "board" means the [animal sheltering] board of veterinary medicine;

          [D. "department" means the regulation and licensing department;

          E.] D. "disposition" means adoption of an animal; return of an animal to the owner; release of an animal to a rescue organization; release of an animal to another animal shelter or to a rehabilitator licensed by the department of game and fish or the United States fish and wildlife service; or euthanasia of an animal;

          [F.] E. "emergency field euthanasia" means the process defined by rule of the board to cause the death of an animal in an emergency situation when safe and humane transport of the animal is not possible;

          [G.] F. "euthanasia" means to produce a humane death of an animal by standards deemed acceptable by the board as set forth in its rules;

          [H.] G. "euthanasia agency" means a facility that provides shelter to animals on a regular basis, including a dog pound, a humane society or a public or private shelter facility that temporarily houses stray, unwanted or injured animals, and that performs euthanasia;

          [I.] H. "euthanasia drugs" means non-narcotic schedule II or schedule III substances and chemicals as set forth in the Controlled Substances Act that are used for the purposes of euthanasia and pre-euthanasia of animals;

          [J.] I. "euthanasia instructor" means a veterinarian or a euthanasia technician certified by the board to instruct other individuals in euthanasia techniques;

          [K.] J. "euthanasia technician" means a person licensed by the board to euthanize animals for a euthanasia agency;

          [L.] K. "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae but does not include canine or feline animals;

          [M.] L. "rescue organization" means an organization that rescues animals and is not involved in the breeding of animals;

          [N.] M. "supervising veterinarian" means a person who is a veterinarian, who holds both a valid New Mexico controlled substance license and a valid federal drug enforcement agency license and who approves the drug protocols and the procurement and administration of all pharmaceuticals; and

          [O.] N. "veterinarian" means a person who is licensed as a doctor of veterinary medicine by the board [of veterinary medicine] pursuant to the Veterinary Practice Act."

     SECTION 6. Section 77-1B-4 NMSA 1978 (being Laws 2007, Chapter 60, Section 4, as amended by Laws 2009, Chapter 102, Section 6 and by Laws 2009, Chapter 192, Section 2) is recompiled as Section 61-14-23 NMSA 1978 and is amended to read:

     "61-14-23. ANIMAL CARE AND FACILITY FUND CREATED--ADMINISTRATION.--

          A. The "animal care and facility fund" is created in the state treasury. All fees collected pursuant to the Animal Sheltering Act shall be deposited in the fund.

          B. The animal care and facility fund shall consist of money collected by the board pursuant to the Animal Sheltering Act; income from investment of the fund; and money appropriated to the fund or accruing to it through fees [or administrative penalties], cooperative research agreements, income, gifts, grants, donations, bequests, sales of promotional items, handbooks or educational materials or any other source. Money in the fund shall not be transferred to another fund or encumbered or expended except for expenditures authorized pursuant to the Animal Sheltering Act.

          C. Money in the fund is subject to appropriation by the legislature to the [department] board to be used to help animal shelters and communities defray the cost of implementing the board's initiatives conducted pursuant to the Animal Sheltering Act. The fund shall be administered by the [department] board to carry out the purposes of the Animal Sheltering Act.

          D. Each fiscal year, an amount of money in the fund appropriated pursuant to this section that is equal to the total amount of money credited to the fund for that fiscal year from special registration plates issued pursuant to Section

66-3-424.3 NMSA 1978 shall be administered so that spay and neuter programs in a county receive money attributable to the number of those special registration plates issued in that county.

          E. A disbursement from the fund shall be made only upon a warrant drawn by the secretary of finance and administration pursuant to a voucher signed by the [superintendent of regulation and licensing] chair of the board or the [superintendent's] chair's designee.

          F. Unexpended and unencumbered balances in the fund at the end of a fiscal year shall not revert to the general fund."

     SECTION 7. Section 77-1B-5 NMSA 1978 (being Laws 2007, Chapter 60, Section 5, as amended) is recompiled as Section 61-14-24 NMSA 1978 and is amended to read:

     "61-21-24. BOARD POWERS AND DUTIES.--The board shall:

          A. provide [board-recommended] standards regarding the infrastructure for all animal shelters;

          B. provide [board-recommended] operating standards for all animal shelters;

          C. adopt methods and procedures acceptable for conducting emergency field euthanasia;

          D. adopt, promulgate and revise rules necessary to carry out the provisions of the Animal Sheltering Act;

          E. have authority to issue licenses and certificates pursuant to the Animal Sheltering Act;

          F. establish the types of licenses and certificates that may be issued pursuant to the Animal Sheltering Act and establish criteria for issuing the licenses and certificates;

          G. prescribe standards and approve curricula for educational programs [that will be used] to train and prepare persons for licensure or certification pursuant to the Animal Sheltering Act;

          H. implement continuing education requirements for licensees and certificate holders pursuant to the Animal Sheltering Act;

          I. conduct administrative hearings upon charges relating to violations of provisions of the Animal Sheltering Act or rules adopted pursuant to that act in accordance with the Uniform Licensing Act;

          J. provide for all examinations and for issuance and renewal of licenses and certificates;

          K. establish fees not to exceed one hundred fifty dollars ($150) for licenses and certificates pursuant to the Animal Sheltering Act;

          L. establish committees as the board deems necessary to effect the provisions of the Animal Sheltering Act;

          M. apply for injunctive relief to enforce the provisions of the Animal Sheltering Act;

          N. conduct national criminal background checks on applicants seeking licensure or certification under the Animal Sheltering Act;

          O. keep a record of all proceedings;

          P. make an annual report to the legislature and to the governor; 

          Q. provide for the inspection of animal shelters and euthanasia agencies;

          R. develop mechanisms to address complaints of misconduct at animal shelters and euthanasia agencies and noncompliance with the provisions of the Animal Sheltering Act or rules adopted pursuant to that act;

          S. develop mechanisms to address complaints of licensee and certificate-holder misconduct and noncompliance;

          T. develop and recommend dog and cat spay and neuter plans and community outreach plans in support of and in conjunction with animal shelters and euthanasia agencies;

          [U. disburse money from the animal care and facility fund;

          V.] U. provide [board-recommended] standards for maintaining records concerning health care and disposition of animals; and

          [W.] V. refer to national animal control association standards in determining its [regulations] animal sheltering rules."

     SECTION 8. Section 77-1B-8 NMSA 1978 (being Laws 2007, Chapter 60, Section 8, as amended by Laws 2009, Chapter 102, Section 11 and by Laws 2009, Chapter 103, Section 2) is recompiled as Section 61-14-28 NMSA 1978 and is amended to read:

     "61-14-28. EUTHANASIA AGENCIES--INSPECTIONS--EXEMPTIONS.--

          A. The board shall have authority over the licensing of euthanasia agencies. All euthanasia agencies shall be licensed by the board prior to euthanasia being performed by that agency.

          B. The board shall adopt rules governing the procedures for administering euthanasia; provided that the use of carbon monoxide gas chambers shall be prohibited for the euthanasia of cats and dogs.

          C. The board shall establish rules for inspecting a facility holding or claiming to hold a license as a euthanasia agency in this state.  

          D. The board shall establish policies and procedures for recordkeeping and for securing, using and disposing of euthanasia drugs in accordance with requirements of the Controlled Substances Act, the United States drug enforcement administration's Controlled Substances Act and the rules of the board of pharmacy.

          E. Euthanasia agencies using controlled substances shall have on staff or under contract a consulting pharmacist as that position is defined in the Pharmacy Act.

          F. Nothing in [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act shall be construed as allowing a euthanasia technician or a euthanasia instructor to engage in the practice of veterinary medicine when performing the duties set forth in that act.

          G. Nothing in [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act shall be construed as preventing a euthanasia instructor from euthanizing animals during a board-approved course on euthanasia instruction.

          H. Nothing in [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act affects wildlife rehabilitators working under the auspices of the department of game and fish.

          I. A veterinary clinic serving as a euthanasia agency pursuant to a contract with a local government is exempt from the provisions of [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act; provided that the veterinary clinic is subject to licensure and rules adopted pursuant to the Veterinary Practice Act.

          J. A municipal facility that is a zoological park is exempt from the provisions of [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act."

     SECTION 9. Section 77-1B-9 NMSA 1978 (being Laws 2007, Chapter 60, Section 9, as amended) is recompiled as Section 61-14-29 NMSA 1978 and is amended to read:

     "61-14-29. VIOLATIONS.--

          A. Unless otherwise provided in the Animal Sheltering Act, it is a violation of that act for a person to:

                (1) perform euthanasia for a euthanasia agency or an animal shelter in this state without possessing a valid license pursuant to the Animal Sheltering Act;

                (2) solicit, advertise or offer to perform an act for which licensure or certification is required pursuant to the Animal Sheltering Act, unless the person holds a license or certification;

                (3) refuse to comply with a cease and desist order issued by the board;

                (4) refuse or fail to comply with the provisions of the Animal Sheltering Act;

                (5) make a material misstatement in an application for licensure or certification;

                (6) intentionally make a material misstatement to the [department] board during an official investigation;

                (7) impersonate an official or inspector;

                (8) refuse or fail to comply with rules adopted by the board or with a lawful order issued by the board;

                (9) aid or abet another in violating provisions of the Animal Sheltering Act, or a rule adopted by the board;

                (10) alter or falsify a certificate of inspection, license or certification issued by the board;

                (11) fail to carry out the duties of a euthanasia technician in a professional manner;

                (12) abuse the use of a chemical substance or be guilty of habitual or excessive use of intoxicants or drugs;

                (13) sell or give chemical substances used in euthanasia procedures to an unlicensed person; [and] or

                (14) assist an unlicensed or unauthorized person in euthanizing animals, except during a board-approved course in euthanasia.

          B. It is a violation of the Animal Sheltering Act for a euthanasia agency or an animal shelter to:

                (1) refuse to permit entry or inspection of its facilities by the board or its designees;

                (2) sell, offer for sale, barter, exchange or otherwise transfer animals that are prohibited by the department of game and fish, the United States department of agriculture or any other regulatory agency to be kept unless the sale, offer for sale, bartering, exchanging or transferring of the animal is to a facility employing permitted rehabilitators or an individual that is a permitted rehabilitator pursuant to the rules adopted by the department of game and fish or another agency that has authority over people who are permitted to receive and provide care for such animals;

                 (3) allow a license or certificate issued pursuant to the Animal Sheltering Act to be used by an unlicensed or uncertified person; or

                (4) make a misrepresentation or false promise through advertisements, employees, agents or other mechanisms in connection with the euthanasia of an animal.

          C. It is a violation of the Animal Sheltering Act for an employee or official of the board [or a person in the department] to disclose or use for that person's own advantage information derived from reports or records submitted to the [department or the] board pursuant to that act."

     SECTION 10. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--

          A. On July 1, 2013:

                (1) all functions, appropriations, money, records, equipment, supplies and other property of the animal sheltering board shall be transferred to the board of veterinary medicine;

                (2) all contractual obligations of the animal sheltering board shall be transferred to the board of veterinary medicine; and

                (3) all references in law to the animal sheltering board shall be deemed to be references to the board of veterinary medicine.

          B. The rules of the animal sheltering board shall be deemed the rules of the board of veterinary medicine until amended or repealed by the board of veterinary medicine.

     SECTION 11. TEMPORARY PROVISION--RECOMPILATION.--

          A. Sections 77-1B-6 through 77-1B-7 NMSA 1978 (being Laws 2007, Chapter 60, Section 6, Laws 2009, Chapter 102, Section 9 and Laws 2007, Chapter 60, Section 7, as amended) are recompiled as Sections 61-14-25 through 61-14-27 NMSA 1978.

          B. Sections 77-1B-10 and 77-1B-11 NMSA 1978 (being Laws 2007, Chapter 60, Sections 10 and 11, as amended) are recompiled as Sections 61-14-30 and 61-14-31 NMSA 1978.

     SECTION 12. REPEAL.--Sections 77-1B-3 and 77-1B-12 NMSA 1978 (being Laws 2007, Chapter 60, Sections 3 and 12, as amended) are repealed.

     SECTION 13. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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